HOME FOR LEASE
This article is intended to be a general discussion only, and should not be considered legal or real estate advice. Your use of it does not create either an attorney-client or broker-client relationship. Any liability that might arise from your use or reliance on this article, or any of its links, is expressly disclaimed. This blog is not legal, real estate, loan, accounting or tax advice, and is not to be acted on as such, it was outdated the moment it was written, and is subject to change without notice. If you are dealing with a potential problem with your investment property you are advised to retain the appropriate licensed professional. This article is not meant to apply to a rent controlled area in which special rules may apply.
As you read this article keep in mind that it was written for the owners of property located in the State of California. This is critically important because state statutes, case law, and public policies can vary widely from state to state.
If you are an absentee owner who has decided to manage your own property it’s best you thoroughly familiarize yourself with the territory. This serialized blog is an attempt to identify at least some of the potentially serious issues faced by an inexperienced owner.
ENTERING THE RENTAL PROPERTY (California Civil Code, section 1954)
Circumstances Justifying Entry
In California, the circumstances under which a landlord may enter a rented/leased premises are relatively narrow. Typically a landlord may only enter as follows:
- 1. In the event of an emergency.
- 2. If the tenant has abandoned the premises.
- 3. To make necessary or agreed upon improvements, repairs or alterations.
- 4. To perform an initial (pre move-out) inspection, show the property to a potential tenant or to provide entry to workers or contractors.
- 5. If permitted by court order.
- 6. To inspect the installation of a waterbed and periodically thereafter to ensure that the installation meets the legal requirements.
Advance Written Notice
Except under the circumstances described below the landlord must give the tenant advance written notice:
- To respond to an emergency.
- Where the tenant has abandoned the premises.
- The tenant is present and agrees to the entry at the time of the entry.
- The tenant and landlord have agreed, within the previous week, that the landlord may enter to effect repairs.
Reasonable Notice And Method Of Delivery
The landlord’s written notice must give reasonable advanced notice stating the date, time and purpose of the entry. Moreover, the entry should be timed during normal business hours (8 a.m. to 5 p.m.) In most situations, 24 hours advance notice is considered to reasonable, and the notice may be delivered by any of the following methods:
- Personal delivery.
- Leave the notice with a responsible person who lives at the unit.
- Post the notice on the tenant’s door.
- Mail the notice to the tenant.
If the notice is sent through the U.S. Mail it should be placed in the mail at least six days before the entry date in order to be considered reasonable. Remember the tenant can always agree a shorter notice or an entry time outside of normal business hours.
Showing The Property To Purchasers
If the purpose of the entry is to show the property to a potential buyer, the landlord can give the tenant oral instead of written notice. Again, 24 hours is considered to be reasonable advance notice.
It is important to note that this oral notice provision only applies if the landlord has already given the tenant written notice that the property is up for sale and that the tenant may be contacted orally to arrange the showing. The written notice must be within 120 days of the oral notice. In other words if the landlord has advised the tenant that the property is sale 130 days earlier an oral notice can’t be used to arrange a showing of the property. Under these more relaxed rules the oral notice must still be specific as to date and time during normal business hours. Again the tenant can agree to a shorter notice and/or an after hour showing.
- LANDLORDS – Table of Contents LANDLORDS – A hyperlinked Table of Contents designed to connect you to the blog entries which comprise the various chapters of the Landlords…
- LANDLORDS – Chapter 1, Discrimination Chapter 1 of a serialized virtual book discussing the issues which must be faced by absentee owners attempting to manage their own properties in California.
- LANDLORDS – Chapter 2, Rental Agreements and Leases Do You Use a Written or an Oral agreement and should it be a Lease or Peridic Rental Agreement?
- LANDLORDS – Chapter 3, Disclosures Discussion of various landlord disclosures which may be required prior to the signing of the lease.
- LANDLORDS – Chapter 4, Disclosures The process and considerations surrounding the deductions from security deposits.
- LANDLORDS – Chapter 5, Refunding Security Deposits The issues involved in refunding security deposits.
- LANDLORDS – Chapter 6, Ending The Tenancy A general discussion of the notice required as well as some of the other relevant issues.
DO THE RESEARCH FIND THE ANSWERS
- California Statute Lookup Search assisted access to the California Statute
- California Case Law Lookup FindLaw offers free comprehensive California case law from 1934 to the present.
OTHER SOURCES OF REAL ESTATE INFORMATION
- Full Service Property Management In Orange County California Introduction to OC Property Management a full service residential property manager. Using this website tenants and landlords can view all of the rental listing in Orange County, California.
- Real Estate Today Radio The premier real estate radio.
- RISMedia Media Center Video presentations of timely real estate topics.
OC Property Management & Sales, Inc.
DRE Lic# 01886215
This article is intended to be a general discussion only, and should not be considered legal or real estate advice. Your use of it does not create either an attorney-client or broker-client relationship. Any liability that might arise from your use or reliance on this article, or any of its links, is expressly disclaimed. This blog is not legal, real estate, loan, accounting or tax advice, and is not to be acted on as such, it was outdated the moment it was written, and is subject to change without notice. If you are dealing with a potential problem with your investment property you are advised to retain the appropriate licensed professional.